El trabajo de investigación que da aliento y contenido a esta obra acumula una larga serie de años de maceración desde su concepción original, vinculada al propósito final de realizar un estudio ...general de la evolución del Derecho procesal como una disciplina universitaria que –con sus diversas denominaciones académicas– va conquistando y acotando un espacio propio en la organización de las enseñanzas jurídicas a lo largo del siglo XIX y hasta su decantación como una verdadera ciencia autónoma, consumidas ya las primeras décadas de la centuria siguiente. Un hilo conductor que, paralelamente, a través del análisis del objeto material de las distintas asignaturas adscritas a este ámbito y de la trayectoria personal, la producción científica y los planteamientos docentes de los ocupantes de las cátedras, deberá ofrecernos un reflejo fehaciente de la situación de la doctrina procesal española durante este amplio período de tiempo.
Focusing on adversarial legal settings, this Element explores discursive practices in court proceedings which often involve unrepresented parties – private family proceedings and small claims cases. ...Such proceedings present the main caseload of county and family courts but pose immense challenges when it comes to legal–lay communication. Drawing on court observations, alongside textual and interview data, the Element pursues three aims: (1) developing the methodological and theoretical framework for exploring discursive practices in legal settings; (2) establishing the link between legal–lay discourse and procedural justice; (3) presenting and contextualising linguistic phenomena as an inherent part of court research and practice. The Element illustrates how linguistic input can contribute to procedural changes and court reforms across different adversarial and non-adversarial legal settings. The exploration of discursive practices embedded in court processes and procedures consolidates and advances the existing court research conducted within the fields of socio-legal studies and forensic and legal linguistics. This title is also available as Open Access on Cambridge Core.
The concept of the circular economy (CE) is currently gaining impetus as a way to move towards sustainable, low‐carbon, resource‐efficient, and competitive economies. However, despite the potential ...benefits of CE activities, their implementation remains relatively rare. We use a cross‐sectional survey of European small and medium‐sized firms (SMEs) to identify the main barriers firms face to promote the CE, focusing specifically on the following: those related to a lack of resources (human and financial) and capabilities (expertise) and those related to the regulatory framework (administrative procedures and the costs of meeting the regulations). Our results indicate that it is the complexity of administrative/legal procedures and the costs of meeting regulations/legal standards that constitute the most significant barriers, whereas the lack of human resources is also perceived to be an obstacle by firms engaged in CE activities. Those obstacles may be considered revealed barriers, and it is only when the firms become involved in these activities that they actually perceive them. Furthermore, when we consider the breadth of CE activities, administrative procedures and regulations once again emerge as the most significant obstacles. Finally, we stress the need to distinguish between different CE activities given that the perception of barriers differs substantially across these activities. Firms undertaking a disruptive innovation redesigning products and services to minimize the use of materials are more likely to perceive all barriers as important. However, firms implementing such activities as minimizing waste, replanning energy usage, and using renewable energy only perceive those obstacles related to administrative procedures and regulations.
The case annotated may well have been the last preliminary reference regarding the Brussels Regime referred by the High Court of Justice of England under Article 267 TFEU to the Court of Justice of ...the European Union for the time being. Again, the case demonstrates the beneficial impact of the UK courts on the development of the European law of civil procedure. After Brexit, in the future these disputes will no longer reach the courts of the City of London and a most fruitful dialogue will cease to exist. In this case, the High Court asked the ECJ whether a domestic judgment based on an arbitral award would bar the recognition and enforcement of a Spanish judgment under Articles 32,' 34(3) and 34(1) 2 of the Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. In order to assess and to understand the judgment of the ECJ, it is necessary to distinguish two main issues. One is the impact and the scope of the arbitration exception to the Brussels I Regime: according to its Article 1 (2)(d), the Brussels Regulation does not apply to arbitration.
We offer the first large scale, multiple source analysis of the outcome of what may be the most extensive effort to selectively censor human expression ever implemented. To do this, we have devised a ...system to locate, download, and analyze the content of millions of social media posts originating from nearly 1,400 different social media services all over China before the Chinese government is able to find, evaluate, and censor (i.e., remove from the Internet) the subset they deem objectionable. Using modern computer-assisted text analytic methods that we adapt to and validate in the Chinese language, we compare the substantive content of posts censored to those not censored over time in each of 85 topic areas. Contrary to previous understandings, posts with negative, even vitriolic, criticism of the state, its leaders, and its policies are not more likely to be censored. Instead, we show that the censorship program is aimed at curtailing collective action by silencing comments that represent, reinforce, or spur social mobilization, regardless of content. Censorship is oriented toward attempting to forestall collective activities that are occurring now or may occur in the future—and, as such, seem to clearly expose government intent.
Adolescence is the transition from childhood to adulthood that begins around the onset of puberty and ends with relative independence from the parent. This developmental period is one when an ...individual is probably stronger, of higher reasoning capacity, and more resistant to disease than ever before, yet when mortality rates increase by 200%. These untimely deaths are not due to disease but to preventable deaths associated with adolescents putting themselves in harm's way (e.g., accidental fatalities). We present evidence that these alarming health statistics are in part due to diminished self-control--the ability to inhibit inappropriate desires, emotions, and actions in favor of appropriate ones. Findings of adolescent-specific changes in self-control and underlying brain circuitry are considered in terms of how evolutionarily based biological constraints and experiences shape the brain to adapt to the unique intellectual, physical, sexual, and social challenges of adolescence.
STRATEGIES OF REPRESSION SHEN-BAYH, FIONA
World politics,
07/2018, Volume:
70, Issue:
3
Journal Article
Peer reviewed
Strategies of repression vary widely between extrajudicial and judicial extremes, from unrestrained acts of violence to highly routinized legal procedures. While the former have received a great deal ...of scholarly attention, judicial methods remain relatively understudied. When and why do rulers repress their rivals in court? The author argues that autocrats use a judicial strategy of repression when confronting challengers from within the ruling elite. Unlike regime outsiders, who pose a common, external threat to mobilize against, insiders present a more divisive target. When autocrats confront the latter, a judicial strategy legitimizes punishment, deters future rivals, and generates shared beliefs regarding incumbent strength and challenger weakness. Using original data on political prisoners in postcolonial sub-Saharan Africa, the author finds that autocrats were significantly more likely to use a judicial strategy against insiders and an extrajudicial strategy against outsiders. A case study of Kenya traces the logic of the theory, showing how intraregime conflict made courts a valuable instrument of state repression. The findings demonstrate how courts can play a central role in autocratic survival.
Bayesian Persuasion Kamenica, Emir; Gentzkow, Matthew
The American economic review,
10/2011, Volume:
101, Issue:
6
Journal Article
Peer reviewed
When is it possible for one person to persuade another to change her action? We consider a symmetric information model where a sender chooses a signal to reveal to a receiver, who then takes a ...noncontractible action that affects the welfare of both players. We derive necessary and sufficient conditions for the existence of a signal that strictly benefits the sender. We characterize sender-optimal signals. We examine comparative statics with respect to the alignment of the sender's and the receiver's preferences. Finally, we apply our results to persuasion by litigators, lobbyists, and salespeople.
We hypothesise that the Habsburg Empire with its well-respected administration increased citizens' trust in local public services. In several Eastern European countries, communities on both sides of ...the long-gone Habsburg border have shared common formal institutions for a century now. We use a border specification and a two-dimensional geographic regression discontinuity design to identify from individuals living within a restricted band around the former border. We find that historical Habsburg affiliation increases current trust and reduces corruption in courts and police. Falsification tests of spuriously moved borders, geographic and pre-existing differences and interpersonal trust corroborate a genuine Habsburg effect.
Complexity and challenges in uncovering crimes by the police have brought the law enforcement process to purely formal matters. Since the Indonesian police agency separated from the armed forces, ...their formal and professional attitude has faced many realities on the ground: choosing formal precedence (legal procedures) and ignoring the interests of victims. Legal procedures are more focused on formal justice in accordance with existing, written rules of the game and cannot provide freedom of action. The police are only the spokesperson for written laws and regulations. The idea of being part of people's lives is collided with formal procedures. This condition requires the police to ignore substantial justice, whose importance is more important than mere procedural matters. Law enforcement that is only based on procedures without being balanced with efforts to achieve the goals of law enforcement actually has the potential to damage the order of human rights values. The type of research used is normative legal research using a legal approach, a historical approach, and a philosophical approach. Law enforcement by the police which tends to discriminate against the rights of victims has an impact on the low level of public trust in the police institution which ultimately makes many victims reluctant to report to the police.
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